The Irish Human Rights and Equality Commission Act 2014 (the Act) provides two definitions of human rights in Section 2 and Section 29. The latter applies to the institution’s enforcement and compliance powers (as outlined in Part 3 of the Act) and defines human rights as those contained in the Constitution, the European Convention on Human Rights and any agreement, treaty or convention which has been given force of law in Ireland. The SCA notes that IHREC’s enforcement powers are limited by the Section 29 definition of human rights, which does not include economic, social and cultural rights. The SCA acknowledges IHREC’s response that Ireland, as a dualist state, requires domestic legislation to give ratified treaties and conventions the force of law, including the Covenant on Economic, Social and Cultural Rights. It also notes IHREC’s response that it continues to advocate for the domestication of ratified treaties and conventions more broadly. 

The SCA is of the view that an NHRI’s mandate should be interpreted in a broad and purposive manner to promote a progressive definition of human rights which includes all rights set out in international, regional, and domestic instruments, including economic, social, and cultural rights. The SCA therefore recommends that IHREC continue to advocate for the domestication of the International Covenant on Economic, Social and Cultural Rights, so that its Part III enforcement powers also apply to these rights and to ensure the broadening of the definition of human rights under Section 29. 

The SCA also notes that the Act does not provide the IHREC with an explicit mandate to encourage ratification or accession to international human rights instruments. The SCA acknowledges that in practice the IHREC interprets its mandate, as outlined in Section 10(1) and 10(2) of the Act, broadly to include activities in this regard. The SCA considers it important that the function to encourage ratification of, or accession to international human rights instruments forms part of the legislative mandate of an NHRI. Therefore, the SCA reiterates its recommendation to advocate for changes to IHREC’s enabling law to mandate it with explicit responsibility to encourage ratification or accession to international instruments. 

Further, the SCA notes that the Act does not provide IHREC with an explicit mandate to conduct unannounced visits to places of deprivation of liberty. The SCA notes that in practice IHREC conducts visits to places of deprivation of liberty and is advocating for the ratification of the Optional Protocol to the Convention against Torture and for a subsequent mandate to carry out unannounced visits as part of Ireland’s National Preventive Mechanism. The SCA is of the view that NHRIs mandate should authorise unannounced visits and free access to inspect and examine any public premises, documents, equipment, and assets without prior written notice. The SCA recommends that the IHREC continue to advocate for the appropriate amendments to its law to include this mandate and to provide the IHREC unfettered access to places of deprivation of liberty. 

The SCA refers to Paris Principles A.1, A.2, A.3 and D(d) and to its General Observation 1.2 on ‘Human rights mandate,’ 1.3 on ‘Encouraging ratification or accession to international human rights instruments.’